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Part 5 Falsification in Official Matters

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Part 5 Falsification in Official Matters Utah Code Part 5 Falsification in Official Matters 76-8-501 Definitions. As used in this part: (1) "False statement" includes a false unsworn declaration, with "unsworn declaration" being defined in Section 78B-18a-102. (2) "Material" means capable of affecting the course or outcome of an official proceeding, unless the person who made the statement or provided the information retracts the statement or information before the earlier of: (a) the end of the official proceeding in which the statement was made or the information was provided; (b) when it becomes manifest that the false or misleading nature of the statement or information has been or will be exposed; or (c) when the statement or information substantially affects the proceeding. (3) "Official proceeding" means: (a) any proceeding before: (i) a legislative, judicial, administrative, or other governmental body or official authorized by law to take evidence under oath or affirmation; (ii) a notary; or (iii) a person that takes evidence in connection with a proceeding described in Subsection (3)(a) (i); (b) any civil or administrative action, trial, examination under oath, administrative proceeding, or other civil or administrative adjudicative process; or (c) an investigation or audit conducted by: (i) the Legislature, or a house, committee, subcommittee, or task force of the Legislature; or (ii) an employee or independent contractor of an entity described in Subsection (3)(c)(i), at or under the direction of an entity described in Subsection (3)(c)(i). Amended by Chapter 298, 2018 General Session 76-8-502 False or inconsistent material statements. A person is guilty of a felony of the second degree if in any official proceeding: (1) He makes a false material statement under oath or affirmation or swears or affirms the truth of a material statement previously made and he does not believe the statement to be true; or (2) He makes inconsistent material statements under oath or affirmation, both within the period of limitations, one of which is false and not believed by him to be true. Amended by Chapter 324, 1997 General Session 76-8-503 False or inconsistent statements. (1) Except as provided in Subsection (2), a person is guilty of a class B misdemeanor if: (a) the person makes a false statement under oath or affirmation or swears or affirms the truth of the statement previously made and the person does not believe the statement to be true if: (i) the falsification occurs in an official proceeding, or is made with a purpose to mislead a public servant in performing the public servant's official functions; or Page 1 Utah Code (ii) the statement is one that is authorized by law to be sworn or affirmed before a notary or other person authorized to administer oaths; or (b) the person makes inconsistent statements under oath or affirmation, both within the period of limitations, one of which is false and not believed by the person to be true. (2) Subsection (1) does not include obstructing a legislative proceeding, as described in Section 36-12-9.5. (3) A person is not guilty under this section if the person retracts the falsification before it becomes manifest that the falsification has been or will be exposed. Amended by Chapter 167, 2014 General Session 76-8-504 Written false statement. A person is guilty of a class B misdemeanor if: (1) He makes a written false statement which he does not believe to be true on or pursuant to a form bearing a notification authorized by law to the effect that false statements made therein are punishable; or (2) With intent to deceive a public servant in the performance of his official function, he: (a) Makes any written false statement which he does not believe to be true; or (b) Knowingly creates a false impression in a written application for any pecuniary or other benefit by omitting information necessary to prevent statements therein from being misleading; or (c) Submits or invites reliance on any writing which he knows to be lacking in authenticity; or (d) Submits or invites reliance on any sample, specimen, map, boundary mark, or other object which he knows to be false. (3) No person shall be guilty under this section if he retracts the falsification before it becomes manifest that the falsification was or would be exposed. Enacted by Chapter 196, 1973 General Session 76-8-504.5 False statements -- Preliminary hearing. (1) A person is guilty of a class A misdemeanor if the person makes a false statement: (a) which the person does not believe to be true; (b) that the person has reason to believe will be used in a preliminary hearing; and (c) after having been notified either verbally or in writing that: (i) the statement may be used in a preliminary hearing before a magistrate or a judge; and (ii) if the person makes a false statement after having received this notification, he is subject to a criminal penalty. (2) Notification under Subsection (1) is sufficient if it is verbal or written and is in substantially the following form: "You are notified that statements you are about to make may be presented to a magistrate or a judge in lieu of your sworn testimony at a preliminary examination. Any false statement you make and that you do not believe to be true may subject you to criminal punishment as a class A misdemeanor." Enacted by Chapter 215, 1999 General Session 76-8-504.6 False or misleading information. (1) A person is guilty of a class B misdemeanor if the person, not under oath or affirmation, intentionally or knowingly provides false or misleading material information to: Page 2 Utah Code (a) an officer of the court for the purpose of influencing a criminal proceeding; or (b) the Bureau of Criminal Identification for the purpose of obtaining a certificate of eligibility for: (i) expungement; or (ii) removal of the person's name from the White Collar Crime Registry created in Title 77, Chapter 42, Utah White Collar Crime Offender Registry. (2) For the purposes of this section "officer of the court" means: (a) prosecutor; (b) judge; (c) court clerk; (d) interpreter; (e) presentence investigator; (f) probation officer; (g) parole officer; and (h) any other person reasonably believed to be gathering information for a criminal proceeding. (3) This section does not apply under circumstances amounting to Section 76-8-306 or any other provision of this code carrying a greater penalty. Amended by Chapter 131, 2015 General Session 76-8-505 False or inconsistent statements -- Proof of falsity of statements -- Irregularities no defense. (1) On any prosecution for a violation of Subsection 76-8-502(1) or 76-8-503(1)(a), falsity of a statement may not be established solely through contradiction by the testimony of a single witness. (2) In prosecutions for violation of Subsection 76-8-502(2) or 76-8-503(1)(b), it need not be alleged or proved which of the statements are false but only that one or the other is false and not believed by the defendant to be true. (3) It is not a defense to a charge under this part that the oath or affirmation was administered or taken in an irregular manner. Amended by Chapter 324, 1997 General Session 76-8-506 Providing false information to law enforcement officers, government agencies, or specified professionals. A person is guilty of a class B misdemeanor if he: (1) knowingly gives or causes to be given false information to any peace officer or any state or local government agency or personnel with a purpose of inducing the recipient of the information to believe that another has committed an offense; (2) knowingly gives or causes to be given to any peace officer, any state or local government agency or personnel, or to any person licensed in this state to practice social work, psychology, or marriage and family therapy, information concerning the commission of an offense, knowing that the offense did not occur or knowing that he has no information relating to the offense or danger; or (3) knowingly gives or causes to be given false information to any state or local government agency or personnel with a purpose of inducing a change in the person's licensing or certification status or the licensing or certification status of another. Amended by Chapter 92, 2005 General Session Page 3 Utah Code 76-8-507 False personal information to peace officer. (1) A person commits a class C misdemeanor if, with intent of misleading a peace officer as to the person's identity, birth date, or place of residence, the person knowingly gives a false name, birth date, or address to a peace officer in the lawful discharge of the peace officer's official duties. (2) A person commits a class A misdemeanor if, with the intent of leading a peace officer to believe that the person is another actual person, he gives the name, birth date, or address of another person to a peace officer acting in the lawful discharge of the peace officer's official duties. Amended by Chapter 42, 2002 General Session 76-8-508 Tampering with witness -- Receiving or soliciting a bribe. (1) A person is guilty of the third degree felony of tampering with a witness if, believing that an official proceeding or investigation is pending or about to be instituted, or with the intent to prevent an official proceeding or investigation, he attempts to induce or otherwise cause another person to: (a) testify or inform falsely; (b) withhold any testimony, information, document, or item; (c) elude legal process summoning him to provide evidence; or (d) absent himself from any proceeding or investigation to which he has been summoned.
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